Core Dispute Primers Guide

How to Set Aside a CCJ with Form N244: Step-by-Step Court Guide (2026)

What Does It Mean to Set Aside a CCJ?

A County Court Judgment (CCJ) registered against your name is one of the single most damaging records that can appear on a UK credit file. It is recorded on the public *Register of Judgments, Orders and Fines* and remains visible to mortgage lenders, banks, and landlords for six full years.

However, having a CCJ set aside means the court formally cancels the original default judgment as if it were never entered. Once a judgment is set aside by a County Court judge, the Registry Trust is ordered to remove the record completely from the public register and all three Credit Reference Agencies (Experian, Equifax, and TransUnion) must delete the entry.

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Legal Grounds to Set Aside a CCJ under CPR Part 13

Applications to cancel a default judgment are governed strictly by the Civil Procedure Rules (CPR). There are two primary legal routes:

1. Mandatory Set Aside (CPR 13.2) — Court MUST Cancel Judgment

Under CPR Part 13.2, the court has no discretion — the judge must set aside the default judgment if:

  • The claim form was never properly served: The claimant (creditor or debt collection firm) sent the original court paperwork to a previous residential address where you no longer lived.
  • The debt was already satisfied: The balance was paid in full before the claim was issued.
  • The judgment was entered prematurely: Default judgment was requested before the time limit for filing an acknowledgment of service or defence had expired.
The Address Audit: Under CPR Part 6.8 and established case law (*Hoddinott v Persimmon Homes*), a claimant must take reasonable steps to verify the defendant's current address before serving court proceedings. If they failed to check updated credit files or ignored address notifications, service is defective.

2. Discretionary Set Aside (CPR 13.3) — Court MAY Cancel Judgment

If the claim form was technically served, a judge may still exercise discretion to set aside the judgment under CPR Part 13.3 if you demonstrate:

1. A Real Prospect of Successfully Defending the Claim: For example, the debt is statute-barred under the *Limitation Act 1980*, the amount claimed is incorrect, or the claimant failed to supply a valid *Consumer Credit Act 1974* agreement.

2. Prompt Action: You made your court application promptly upon discovering the CCJ existed (typically within 14 to 30 days of discovery).

3. Good Reason for Default: There was a legitimate reason why you did not respond to the original claim (such as severe illness, postal strikes, or extended absence from the country).

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Step-by-Step Application Process (Form N244)

graph TD
    A[Discover CCJ on Credit File] --> B[Obtain Claim Number & Details from CCBC]
    B --> C[Draft Form N244 & Witness Statement]
    C --> D[Pay Court Fee £303 or Fee Remission EX160]
    D --> E[County Court Hearing / Consent Order]
    E --> F[Judge Sets Aside CCJ -> Registry Trust Deletes Record]

Step 1: Obtain the Claim Details from CCBC

Call the County Court Business Centre (CCBC) in Northampton (0300 123 1056) or the Civil National Business Centre (CNBC). Quote your name, DOB, and current address to obtain:

  • The Claim Number
  • The Claimant’s Name and Solicitors
  • The Original Judgment Date & Amount
  • The Particulars of Claim and the address where court papers were sent.

Step 2: Contact the Claimant for a "Consent Order"

Before filing a contested application, contact the claimant's legal department. Many debt collection claimants will agree to set aside the judgment by mutual Consent Order (Form N100) if you agree to pay or settle the underlying balance.

  • A Consent Order costs significantly less (£119 court fee vs £303 for a contested hearing) and does not require an in-person hearing before a judge.

Step 3: Complete Court Form N244

If the claimant refuses consent, you must complete and file Form N244 (Application Notice):

  • Section 3: State clearly: *"An order under CPR 13.2 (or CPR 13.3) that the default judgment entered on [Date] under Claim No. [Number] be set aside and the defendant be granted leave to file a defence."*
  • Section 10: Attach your formal Witness Statement and draft Defence setting out the exact chronology of non-service and your valid defence.

Step 4: Pay Court Fee or Apply for Fee Help

The court fee for an application on notice is £303. If you are on a low income, receiving Universal Credit, or have limited savings, you can apply for a full fee exemption using Form EX160 (Help with Fees).

Step 5: The Hearing & Removal from Credit Files

Attend the short 15-minute hearing at your local County Court. Once the judge signs the set-aside order, the court clerk notifies the Registry Trust. Within 14 days, the CCJ is deleted from Experian, Equifax, and TransUnion.

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FCA Compliance & Legal Disclaimer: This guide is an educational explanation of CPR Part 13 court procedures for self-represented litigants. It does not constitute formal legal advice or legal representation in court proceedings.

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